LACHMI NARAIN Vs. PARSOTAM DAS KOLAPURI

JUDGEMENT

(1.) The facts of this case are simple. Jamna Prasad, Gharib Das and Khedu Ram were three separate Hindu brothers. The sons and grandsons of Jamna Prasad (now plaintiffs respondents) and the sons of Gharib Das (now defendants appellants), combined together to bring a suit against the sons of Khedu Ram. They were unsuccessful both in the trial court and on appeal in this Court, and their suit and appeal were dismissed with costs.

(2.) Shortly afterwards, dissensions arose between the plaintiffs and the defendants, and the decree-holders (defendants in that suit) siding with the present defendants, recovered the whole of the costs from the plaintiffs.

(3.) The plaintiffs now sue to recover from the defendants half of the costs, the whole of which they had to pay. The main defence was that the defendants had paid their half share. This was disbelieved by both the lower courts, who decreed the suit.